Three strikes laws are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became very popular in the 1990s. They are formally known among lawyers and law professors as habitual offender laws.^[1] The name comes from baseball, where a batter has two strikes before striking out on the third. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... In the U.S., a state court has jurisdiction over disputes which occur in a state. ... A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ... Dorchester Penitentiary in New Brunswick, Canada is an institution that is part of Corrections Canada. ... In law, an offense (or offence) is a violation of the penal law. ... For the band, see 1990s (band). ... A view of the playing field at Busch Memorial Stadium, St. ... Cincinnati Reds outfielder Adam Dunn strikes out swinging to Atlanta Braves pitcher John Smoltz (not pictured). ...

The stated rationale for these laws is that the automatic and lengthy imprisonment of individuals who commit three or more felonies is justified on the basis that recidivists are incorrigible and chronically criminal, and must be imprisoned as a matter of public safety.^{[citation needed]} Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior. ...

History

The practice of imposing longer prison sentences on repeat offenders than on first-time offenders who commit the same crime is nothing new. For example, New York State has a Persistent Felony Offender law that dates back to the late 19th Century. But such sentences were not compulsory in every single case, and judges had much more discretion as to what term of incarceration should be imposed. State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ...

The first true "three strikes" law, with virtually no exceptions provided, was not enacted until 1993, when Washington voters approved Initiative 593. California followed one year later, when that state's voters approved Proposition 184 by an overwhelming majority of 72% in favor to 28% against. The initiative proposed to the voters had the title of Three Strikes and You're Out, referring to de facto life imprisonment after three felonies had been committed.^[2] 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Official language(s) English Capital Olympia Largest city Seattle Area  Ranked 18th  - Total 71,342 sq mi (184,827 km²)  - Width 240 miles (385 km)  - Length 360 miles (580 km)  - % water 6. ... This is a list of all initiatives to the people that have appeared before Washington voters from 1914 to 2006, listed by number, subject, and result. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

The concept swiftly spread to other states, but none of them chose to adopt a law as sweeping as California's: By 2004, twenty-six states and the federal government had laws that satisfy the general criteria for designation as "three strikes" statutes — namely, that a third felony conviction brings a sentence of life in prison, with no parole possible until a long period of time, most commonly twenty-five years, has been served. 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Parole can have different meanings depending on the area and judiciary system. ...

Application

The exact application of the three-strikes laws varies considerably from state to state. Some states require all three felony convictions to be for violent crimes in order for the mandatory sentence to be pronounced, while others — most notably California — mandate the enhanced sentence for any third felony conviction so long as the first two felonies were deemed to be either "violent" or "serious," or both. Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

Controversial results

Some unusual scenarios have arisen, particularly in California — the state punishes shoplifting and similar crimes as felony petty theft if the person who committed the crime has a prior conviction for any form of theft, including robbery or burglary. As a result, some defendants have been given sentences of 25 years to life in prison for such crimes as shoplifting golf clubs (Gary Ewing, previous strikes for burglary and robbery with a knife), nine videotapes (Leandro Andrade, previous strikes for home burglary), or, along with a violent assault, a slice of pepperoni pizza from a group of children (Jerry Dewayne Williams, four previous non-violent felonies, sentence later reduced to six years). In one particularly notorious case, Kevin Weber was sentenced to 26 years to life for the crime of stealing four chocolate chip cookies (previous strikes of burglary and assault with a deadly weapon).^[3] Felony petty theft is the colloquial term for a statute in the California Penal Code (Section 666) that makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... This article or section is not written in the formal tone expected of an encyclopedia article. ... Jerry Dewayne Williams is a convicted felon famous for receiving a 25-to-life sentence (March 1995), for the theft of a slice of pepperoni pizza. ... A plate of chocolate chip cookies A chocolate chip cookie is a type of cookie originating in the United States. ...

In California, first and second strikes are counted by individual charges, rather than individual cases, so a defendant may have been charged and convicted of "first and second strikes", potentially many more than two such strikes, arising from a single case, even one that was disposed of prior to the passage of the law. Convictions from all 50 states and the federal courts at any point in the defendant's past, as well as juvenile offenses that would otherwise be sealed, regardless of the date of offense or conviction or whether the conviction was the result of a plea bargain, can be counted. The law also mandates that so called "wobbler" offenses that may be charged as a misdemeanor or a felony be charged as a felony if the charge would be a third strike. Thus, defendants already convicted of two or more "strike" charges arising from one single case potentially years in the past, even if the defendant was a juvenile at the time, can be and have been charged and convicted with a third strike for any felony or any offense that could be charged as a felony (including "felony petty theft" or possession of a controlled substance prior to Proposition 36 (see below)) and given 25 years to life. (e.g.: A defendant who accepted a plea bargain to 2 counts of residential burglary in one juvenile case 20 years before the passage of the law would have both counts regarded as first and second strikes, and would face a third strike if charged with any offense potentially chargeable as a felony, such as possession of a controlled substance or "felony petty theft"). It is possible for a defendant to be charged and convicted with two "third strikes" (technically third and fourth strikes) in a single case. It is also possible for multiple "third" strikes to arise from a single criminal act (or omission). As a result, a defendant may then be given two separate sentences that run consecutively,^[4] which can make for a sentence of 50 (or 75, or 100) years to life. 50 years to life was the actual sentence given to Leandro Andrade. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...

As of 2007, California's state prison system holds over 170,000 prisoners in custody in a system designed for 83,000, and most California prisons currently hold populations more than double their design capacity. The state has progressively been forced to manage this overcrowded system year by year through various workarounds, including referring nonviolent drug offenses to special "drug courts" that mandate treatment rather than incarceration (see Proposition 36 below), early releases of prisoners, raising funds to build more prisons, and transfers of prisoners to the federal system or out-of-state privately run institutions with whom the state has contracted. The system's healthcare system and several of its institutions have been found inadequate or inhumane by federal courts in successive cases, which have resulted in their being placed under special oversight. The three strikes law has further contributed to the strain on the system. The following is a list of state prisons in California. ...

In turn, such sentences have prompted harsh criticism not only within the United States but from outside the country as well.^[5]

U.S. Supreme Court response

On March 5, 2003, the U.S. Supreme Court held by a 5-4 majority that such sentences do not violate the Eighth Amendment of the U.S. Constitution, which prohibits "cruel and unusual punishment."^[6] In two separate opinions handed down on the same day, the court upheld California's three-strikes law against an attack on direct appeal from conviction, Ewing v. California, 538 U.S. 11, and a collateral attack through a petition for habeas corpus, Lockyer v. Andrade, 538 U.S. 63 (2003). March 5 is the 64th day of the year in the Gregorian calendar (65th in leap years). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The Bill of Rights in the National Archives Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... In common law, habeas corpus (/heɪbiəs kɔɹpəs/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ...

Writing for the majority in Ewing, Justice Sandra Day O'Connor analyzed the serious problem of recidivism among criminals in California and concluded: Sandra Day OConnor (born March 26, 1930) is an American justice who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...

We do not sit as a "superlegislature" to second-guess these policy choices. It is enough that the State of California has a reasonable basis for believing that dramatically enhanced sentences for habitual felons advances the goals of its criminal justice system in any substantial way ... To be sure, Ewing's sentence is a long one. But it reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated.

Successful California amendment

On November 7, 2000, 60.8% of the state's voters supported an amendment to the statute (offered in Proposition 36) which scaled it back by providing for drug treatment instead of life in prison for most of those convicted of possessing drugs. November 7 is the 311th day of the year (312th in leap years) in the Gregorian Calendar, with 54 days remaining. ... 2000 (MM) was a leap year starting on Saturday of the Gregorian calendar. ...

Failed California amendment

On November 2, 2004, the state's voters rejected an amendment to the statute (offered in Proposition 66). 5.5 million voters (47.3%) voted yes, but 6.2 million (52.7%) voted no. November 2 is the 306th day of the year (307th in leap years) in the Gregorian calendar, with 59 days remaining. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

The amendment would have required the third felony to be either "violent" and/or "serious" in order to result in a 25-years-to-life sentence.

Criticism

Some critics have argued that three-strikes laws violate the double jeopardy clause of the U.S. Constitution, although the Supreme Court of the United States has already upheld the constitutionality, in general, of using the fact of prior convictions as an aggravating factor in determining the severity of a sentence. Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Bill of Rights in the National Archives Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Aggravation is a legal concept, which Blacks Law Dictionary defines as: Any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ... Holding Prior convictions are not subject to the jury-trial requirement of the Sixth Amendment. ...

Another criticism is that many felonies involve only a minimal threat to society. In some states, possession of a small amount of crack cocaine or even marijuana may be treated as a felony, so three such convictions would carry permanent imprisonment. There are many other felonies which call into question the advisability of strict three-strikes laws, such as some minor white-collar crimes which only marginally qualify as felonies. Often a burglary, a crime which could result in the theft of something having little or no value, is perceived as being unjustly included as one of the three "strikes." A pile of crack cocaine ‘rocks’. Crack cocaine is a form of cocaine. ... A Cannabis sativa plant The drug cannabis, also called marijuana, is produced from parts of the cannabis plant, primarily the cured flowers and gathered trichomes of the female plant. ... Within the field of criminology, white-collar crime has been defined by Edwin Sutherland ...as a crime committed by a person of respectability and high social status in the course of his occupation. ...

Some have also argued that these laws can provide criminals with a perverse incentive to commit murder. This is based on the added penalties that arise under these laws, penalties that equal or exceed common sentences for many homicides, and which would presumably render moot the legal disincentive from committing a homicide if facing those penalties. If a person already has two felony convictions, then a conviction for any third felony (such as grand theft) may carry a penalty comparable to or greater than that for a murder conviction. Thus these laws could encourage homicides committed either incident or related to the commission of a third-strike felony or committed in an effort to avoid apprehension and prosecution, such as killing a witness to a crime or killing police officers while attempting to escape, potentially lessening the risk of being apprehended and sentenced under these laws (though the death penalty might apply to such cases as an added disincentive). A perverse incentive is a term for an incentive that has the opposite effect of that intended. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...

Less dramatic, though by no means insignificant perverse incentives may arise from these laws. As guilty pleas may and have resulted in multiple strikes being added, these laws may decrease the incentive to plea bargain, increasing the cost and time spent by courts. Defendants facing third strikes lose incentives to plead to lesser offenses that may result in strike, and also lose incentives to cooperate with investigations, forcing prosecutors to take to court potentially weak cases. Life sentences rule out the possibility of rehabilitation, and likewise often remove incentives on prisoners to participate meaningfully in prison programs or to control their behavior, producing a larger population of violent and disruptive prisoners. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...

Holding many more inmates for longer sentences increases the overall strain on prison systems, many of which (particularly in California) are already perilously overcrowded. Three-strikes laws place a particular strain on high- and maximum-security facilities. Prisoners serving long sentences are commonly held in maximum-security, regardless of the nature of their specific offenses or other factors affecting their profile as inmates, on the principle that inmates with longer sentences have more reason to escape or become disruptive than inmates with shorter sentences. Thus, third-strike life prisoners held on non-violent offenses occupy space that might otherwise be used to confine more dangerous and violent inmates, and they are also exposed to those inmates in maximum-security, placing them at higher risk of assault, rape, murder and prison gang activity.

Notes

The Los Angeles Times (also known as the LA Times) is a daily newspaper published in Los Angeles, California and distributed throughout the Western United States. ... The Guardian is a British newspaper owned by the Guardian Media Group. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...

External links

• Families to Amend California's 3-Strikes